Claim resolution negotiation: bike edition
June 8, 2024 2:06 AM Subscribe
I was doored by an employee of a national corporation some months ago. I was assigned a "resolution manager" who paid me quickly for the damage to my bike and told me the company would also provide me a second amount of money to cover other damages. They keep following up, and I finally have time to engage. YANML, but can you advise me?
I was knocked off of my bike, which sustained a non-negligible amount of damage, and onto my hand and hip, with some bleeding and bruising I documented. I called the police, who filed a report and called an ambulance, which I declined because this was not an ER-level situation. Beyond the bike damage, the other issues were/are:
- I have intermittent pain in my hand, which occasionally impacts my typing ability and is annoying. I had an x-ray that showed no fractures, but I haven't investigated/treated this further as it's fairly minor in the spectrum of my life stuff, and I haven't been confident I'd be compensated for doing so. (Also: I happened to test positive for Covid right after the accident, so I had to take time off of work anyway, but I wasn't able to use my hand or walk much for a few days after.) I have had a couple of other high-impact injuries (another bike accident, a climbing accident) that seemed minor/not treatable initially but over the years have proven to be pretty annoying.
- I have intrusive thoughts about being doored or otherwise hurt by a car every time I bike, which is every day (I bike commute). I have spoken with my therapist about this a bit, but we have bigger fish to fry, and I have good-enough coping skills. (I recognize these thoughts are to a certain extent protective, but I was already well aware of the dangers of biking in a city and am a very safe rider.)
- I had to take time off of some of my favorite hobbies (rock climbing, yoga) and didn't ride my bike for 3 months after the accident. This impacted my mental health, and the time off the bike made my commute more time-consuming and expensive.
- I have intermittent pain in my hip, which existed before the accident but seems to have been exacerbated by it.
When I first spoke to the resolution manager, he indicated there definitely would be a second payment for other damages, and that he could either quote me an offer right then, or we could follow up later (and up to two years after the incident, which would still be over a year from now). I'm wondering how best to engage him given the issues above. In an ideal world, I would like redress for the past issues and to address the ongoing ones on the corporation's dime.
Thank you in advance!
I was knocked off of my bike, which sustained a non-negligible amount of damage, and onto my hand and hip, with some bleeding and bruising I documented. I called the police, who filed a report and called an ambulance, which I declined because this was not an ER-level situation. Beyond the bike damage, the other issues were/are:
- I have intermittent pain in my hand, which occasionally impacts my typing ability and is annoying. I had an x-ray that showed no fractures, but I haven't investigated/treated this further as it's fairly minor in the spectrum of my life stuff, and I haven't been confident I'd be compensated for doing so. (Also: I happened to test positive for Covid right after the accident, so I had to take time off of work anyway, but I wasn't able to use my hand or walk much for a few days after.) I have had a couple of other high-impact injuries (another bike accident, a climbing accident) that seemed minor/not treatable initially but over the years have proven to be pretty annoying.
- I have intrusive thoughts about being doored or otherwise hurt by a car every time I bike, which is every day (I bike commute). I have spoken with my therapist about this a bit, but we have bigger fish to fry, and I have good-enough coping skills. (I recognize these thoughts are to a certain extent protective, but I was already well aware of the dangers of biking in a city and am a very safe rider.)
- I had to take time off of some of my favorite hobbies (rock climbing, yoga) and didn't ride my bike for 3 months after the accident. This impacted my mental health, and the time off the bike made my commute more time-consuming and expensive.
- I have intermittent pain in my hip, which existed before the accident but seems to have been exacerbated by it.
When I first spoke to the resolution manager, he indicated there definitely would be a second payment for other damages, and that he could either quote me an offer right then, or we could follow up later (and up to two years after the incident, which would still be over a year from now). I'm wondering how best to engage him given the issues above. In an ideal world, I would like redress for the past issues and to address the ongoing ones on the corporation's dime.
Thank you in advance!
Why don’t you have a lawyer? This is exactly what they’re for. Also, go see a hand specialist. Early treatment of, e.g., ligament sprains is crucial to avoiding later dysfunction.
posted by HotToddy at 4:51 AM on June 8 [8 favorites]
posted by HotToddy at 4:51 AM on June 8 [8 favorites]
You should have found a lawyer and sought a proper medical evaluation immediately.
I know the best lawyer in NYC for this situation and can refer you. Please MeMail me if you're interested. If you're somewhere else, maybe my guy can refer you to someone in your city.
posted by JimN2TAW at 7:00 AM on June 8 [2 favorites]
I know the best lawyer in NYC for this situation and can refer you. Please MeMail me if you're interested. If you're somewhere else, maybe my guy can refer you to someone in your city.
posted by JimN2TAW at 7:00 AM on June 8 [2 favorites]
Did this person door you while they were working? It's not clear to me why you would be negotiating with a corporate resolution manager, but you should be aware that they are almost certainly legally required to act in the best interest of the corporation.
posted by cocoagirl at 8:17 AM on June 8
posted by cocoagirl at 8:17 AM on June 8
They are paying you because they are terrified of a lawsuit because their employee messed up. You have some significant injuries and financial and physical losses from this accident. I don’t think you should be negotiating with them without the help of a lawyer.
posted by bluedaisy at 10:37 AM on June 8 [4 favorites]
posted by bluedaisy at 10:37 AM on June 8 [4 favorites]
The major corporation has insurance for these things. Please hire a lawyer.
posted by wryly at 1:56 PM on June 8
posted by wryly at 1:56 PM on June 8
I agree that you should get a lawyer to represent you. You should be able to find one who works on contingency. Even with their 30-40% take, you'll get more money out of the situation than you would without one.
You mentioned intrusive thoughts. Be forewarned that if you bring this fact into the negotiations, you may be opening your mental health records up to be subpoenaed by the opposing party's lawyers.
posted by davybyrne at 3:39 PM on June 8 [1 favorite]
You mentioned intrusive thoughts. Be forewarned that if you bring this fact into the negotiations, you may be opening your mental health records up to be subpoenaed by the opposing party's lawyers.
posted by davybyrne at 3:39 PM on June 8 [1 favorite]
Nth lawyer.
I got doored some years ago and had a strange injury at the base of my pinkie on the doored side. Went to a hand doc, it turned out to be a ligament tear that was easily addressed by a few weeks of buddy taping to the ring finger. I was glad I had it checked out, it would have been easy to try to shrug off.
posted by Dashy at 7:20 PM on June 8
I got doored some years ago and had a strange injury at the base of my pinkie on the doored side. Went to a hand doc, it turned out to be a ligament tear that was easily addressed by a few weeks of buddy taping to the ring finger. I was glad I had it checked out, it would have been easy to try to shrug off.
posted by Dashy at 7:20 PM on June 8
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Sooo... What was the offer??
Get the quote.
There are a lot of physiotherapists specialising in hands. There's probably a hand clinic close to you. You could call and ask them for a quote so you have something to work with.
Basically, get the offer, and compare/counter with quotes that cover the costs and cost of your time to truly make you well again, if that's possible.
Osteo's are often very good for hip stuff...
posted by Elysum at 2:27 AM on June 8